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Community Newspapers wins first round in court

BY LEE STEPHENS

In a modern day struggle, reminiscent of the Biblical encounter between David and Goliath, Your Hometown Newspapers -- publishers of Miami's Community Newspapers -- has won the opening round in a battle over the use of the names "Community News," "Community Newspaper" and "Community Newspapers."

Miami-Dade County Circuit Judge Thomas S. Wilson has ordered a temporary injunction against the local subsidiary of media giant The Tribune Company.

Local companies owned by the Tribune Company include the South Florida Newspaper Network, Sun-Sentinel, WBZL Channel 39, as well as numerous other newspapers, radio and television stations across the United States. According to recent published reports the Tribune Company has over 30,000 employees and has sales of over $6 billion a year.

The injunction orders the South Florida Newspaper Network to stop using the names "Community News," "Community Newspaper" and "Community Newspapers" as the name of, or as a prominent part of the name or in the name of the masthead of any newspaper published in a tabloid form, as a stand-alone publication, containing primarily news and advertising of a local nature and distributed free to the public in Miami-Dade County.

Judge Wilson, in his five-page opinion, ruled after considering extensive testimony, evidence and expert opinion, that Your Hometown Newspapers -- owners of Miami's 12 Community Newspapers -- has produced evidence to substantiate that it had a "clear and legal right" to the names. His ruling said that "irreparable harm will result" if the injunction were not issued.

Grant Miller, publisher of Community Newspapers, expressed his satisfaction and a sense of vindication after reading the order.

"We are very satisfied that Judge Wilson has ruled in our favor and look forward to the next stage of the trial," Miller said.

After reviewing the Judge Wilson decision, Michael Miller, president of Your Hometown Newspapers, said "I recognize that there was a lot of careful consideration that went into the order and it left all of us at the newspaper with a great sense of pride on our legal system which has on may occasions, some most recent, been so maligned.

"We view this decision, the first stage in our legal struggle, as a moral victory as well as a commercial victory over what we perceived as a blatantly unfair misuse (or intentional misuse) of a well established trade name. It is a name which has acquired a secondary meaning by which our publications have become known and identified throughout the Miami-Dade County."

A hearing to determine the amount of bond and steps for implementing the temporary injunction is set for July 7. Thereafter, legal proceedings will continue in Your Hometown Newspapers efforts to seek to permanently enjoin the Tribune Company's subsidiaries.


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